2.12.2009 officialjourn ofthee un l316/65 commission ...extwprlegs1.fao.org/docs/pdf/eur91401.pdf2)...

Official Journal of the European Union L 316/65

COMMISSION REGULATION (EC) No 1122/2009

of 30 November 2009

laying down detailed rules for the implementation of Council Regulation (EC) No 73/2009 as regards cross-compliance, modulation and the integrated administration and control system, under the direct support schemes for farmers provided for that Regulation, as well as for the implementation of Council Regulation (EC) No 1234/2007 as regards cross-compliance under the support scheme

provided for the wine sector

THE COMMISSION OF THE EUROPEAN COMMUNITIES,

Having regard to the Treaty establishing the European Community,

Having regard to Council Regulation (EC) No 1234/2007 of22 October 2007 establishing a common organisation of agricultural markets and on specific provisions for certain agricultural products (Single CMO Regulation)

(1) OJ L 299, 16.11.2007, p. 1.

(1), and in particular Articles 85x and 103za, in conjunction with Article 4 thereof,

Having regard to Council Regulation (EC) No 73/2009 of 19 January 2009 establishing common rules for direct support schemes for farmers under the common agricultural policy and establishing certain support schemes for farmers, amending Regulations (EC) No 1290/2005, (EC) No 247/2006, (EC) No 378/2007 and repealing Regulation (EC) No 1782/2003, and in particular Article 142 (b), (c), (d), (e), (h), (k), (l), (m), (n), (o), (q) and (s) thereof,

Whereas:

(1) Regulation (EC) No 73/2009 repeals and replaces Council Regulation (EC) No 1782/2003 of 29 September 2003 establishing common rules for direct support schemes under the common agricultural policy and establishing certain support schemes for farmers and amending Regulations (EEC) No 2019/93, (EC) No 1452/2001, (EC) No 1453/2001, (EC) No 1454/2001, (EC) No 1868/94, (EC) No 1251/1999, (EC) No 1254/1999, (EC) No 1673/2000, (EEC) No 2358/71 and (EC) No 2529/2001 and introduces a number of modifications to the single payment scheme as well as certain other direct payment schemes. At the same time it abolishes a number of direct payment schemes as from 2010. Moreover, it introduces a number of changes to the system according to which direct payments to a farmer who does not comply with certain conditions in the areas of public, animal and plant health, environment and animal welfare (cross-compliance) are to be subject to reductions or exclusions.

(2) The direct payment schemes were first introduced as a result of the reform of the common agricultural policy in 1992 and further developed under subsequent reforms.

The schemes have been subject to an integrated administration and control system (hereinafter referred to as integrated system). That system, as laid down in Commission Regulation (EC) No 796/2004 of 24 April 2004 laying down detailed rules for the implementation of cross-compliance, modulation and the integrated administration and control system provided for in Council Regulations (EC) No 1782/2003 and (EC) No 73/2009, as well as for the implementation of cross compliance provided for in Council Regulation (EC) No 479/2008

(2) OJ L 141, 30.4.2004, p. 18.

(2), has proven to be an effective and efficient means for the implementation of direct payment schemes. Regulation (EC) No 73/2009 builds upon the basis of that integrated system.

(3) Taking into account the modifications made to the direct payments by Regulation (EC) No 73/2009, it is appropriate to repeal and replace Regulation (EC) No 796/2004, whilst basing the new Regulation on the principles as established by Regulation (EC) No 796/2004. At the same time, as a consequence of the incorporation of the wine sector in Council Regulation (EC) No 1234/2007, it is appropriate to replace references to Council Regulation (EC) No 479/2008

(3) OJ L 148, 6.6.2008, p. 1.

(3) existing in Regulation (EC) No 796/2004 by references to Regulation (EC) No 1234/2007. For reasons of coherence, certain provisions of Regulation (EC) No 796/2004 should be incorporated into Commission Regulation (EC) No 1120/2009

(4) See Page 1 of this Official Journal.

(4) which has repealed and replaced Commission Regulation (EC) No 795/2004 of 21 April 2004 laying down detailed rules for the implementation of the single payment scheme provided for in Council Regulation (EC) No 1782/2003 establishing common rules for direct support schemes under the common agricultural policy and establishing certain support schemes for farmers

(5) OJ L 141, 30.4.2004, p. 1.

(5).

(4) Regulation (EC) No 73/2009 leaves a choice for the Member States with regard to the application of some of the aid schemes provided for therein. This Regulation should, therefore, make provision for the administration and control to be carried out in the Member States in view of their possible choice to enter certain aid schemes. The relevant provisions of this Regulation should, therefore, only apply to the extent as the Member States have made such choices.

NE9002.21.2

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Official Journal of the European Union 2.12.2009

(5) Regulation (EC) No 73/2009 provides, as part of the cross-compliance conditions, for certain obligations of the Member States on the one hand and individual farmers on the other hand, as regards the maintenance of permanent pasture. It is necessary to lay down the details for the determination of the ratio of permanent pasture and agricultural land that has to be maintained and to provide for the individual obligations at the level of farmers to be respected where it is established that the ratio is decreasing to the detriment of land under permanent pasture.

(6) To allow effective control and to prevent the submission of multiple aid applications to different paying agencies within one Member State, the Member States should provide for a single system to record the identity of farmers submitting aid applications subject to the integrated system.

(7) Detailed rules are needed with regard to the system for the identification of agricultural parcels to be operated by the Member States in accordance with Article 17 of Regulation (EC) No 73/2009. According to that provision, use has to be made of computerised geographical information system techniques (GIS). It is necessary to clarify at which level the system should operate and the level of details of information that should be available in the GIS.

(8) In order to ensure a proper implementation of the single payment scheme as provided for in Title III of Regulation (EC) No 73/2009, the Member States should establish an identification and registration system according to which the payment entitlements have to be traceable and which allows, inter alia, to cross-check areas declared for the purposes of the single payment scheme with the payment entitlements available to each farmer and between the different payment entitlements as such.

(9) Monitoring the adherence to the different cross-compliance obligations requires the setting-up of a control system and of appropriate reductions. For this purpose, different authorities within the Member States need to communicate information on aid applications, control samples, results of on-the-spot checks etc. Provision should be made for the basic elements of such a system.

(10) For the sake of simplification, Member States should be allowed to decide that all applications for aid under Titles III and IV of Regulation (EC) No 73/2009 shall be covered by the single application.

(11) Member States should take the required measures to make a proper functioning of the integrated system possible where more than one paying agency is responsible with regard to the same farmer.

(12) To allow effective controls, any kind of area use and of the aid schemes concerned should be declared at the same time. Provision should, therefore, be made for submission of a single aid application comprising any applications for aid which are in some way area-related. A single application form should, moreover, be submitted by farmers who do not apply for any of the aids subject to the single application if they have agricultural area at their disposal. However, it is appropriate to allow Member States to exempt farmers from this obligation, where the information is already available to the authorities.

(13) Member States should fix a deadline for submission of the single application which, in order to allow timely proceeding and controls of the application, should not be later than the 15 May. Due to the particular climatic conditions in Estonia, Latvia, Lithuania, Finland and Sweden, those Member States should however be allowed to set a later date which should not be later than 15 June. Moreover, case-by-case derogations should be envisaged on that same legal basis should climatic conditions in a given year in the future so require.

(14) In the single application, the farmer should declare not only the area he is using for agricultural purposes but also his payment entitlements and any information required in order to establish the eligibility for the aid should be requested together with the single application. It is however appropriate to allow Member States to derogate from certain obligations where the payment entitlements to be allocated in the given year are not yet definitively established.

(15) With a view to simplifying the application procedures and in accordance with Article 19(2) of Regulation (EC) No 73/2009, provision should, in this context, be made for Member States to provide the farmer as far as possible with pre-established information.

(16) Any specific information related to production of hemp, nuts starch potato, seeds, cotton, fruit and vegetables and specific support covered by the single application should be requested together with the single application, or where appropriate due to the nature of the information at a later date. It should, furthermore, be provided that areas for which no aid is being requested, are declared in the single application form. Depending on the kind of use, it may be important to have detailed information which is why certain uses should be declared separately whilst other uses may be declared under one heading. However, in cases where Member States already receive that kind of information, derogation from this rule should be allowed.

(17) To allow effective monitoring, each Member State should, furthermore, determine the minimum size of agricultural parcels that may be subject to an aid application.

(18) To allow as much flexibility as possible with regard to farmers planning concerning the use of area, they should be allowed to amend their single application until such dates where sowing would normally take place, provided that all the particular requirements under the different aid schemes are respected and that the competent authority has not yet informed the farmer of errors contained in the single application, nor notified an on-the-spot check which reveals errors, in relation to the part affected by the amendment. Following the amendment, the possibility should be given to adjust the corresponding supporting documents or contracts to be submitted.

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(19) The punctual lodging of the application for increase of value or allocation of payment entitlements under the single payment scheme is crucial for an effective administration. Member States should therefore establish a deadline for the application, which should not be later than the 15 May. To simplify procedures Member States should be allowed to decide that the application may be submitted at the same time as the single application. For this reason, Estonia, Latvia, Lithuania, Finland and Sweden should however be allowed to set a later date which should not be later than 15 June.

(20) In the case where a Member State opts for the application of the various livestock aid schemes, common provisions should be made concerning the details to be included in livestock aid applications.

(21) In accordance with Article 117 of Regulation (EC) No 73/2009, premiums under the bovine aid schemes may only be paid for animals that are properly identified and registered in accordance with Regulation (EC) No 1760/2000 of the European Parliament and of the Council of 17 July 2000 establishing a system for the identification and registration of bovine animals and regarding the labelling of beef and beef products and repealing Council Regulation (EC) No 820/97

(1) OJ L 204, 11.8.2000, p. 1.

(1). Farmers submitting applications under the aid schemes concerned should therefore be given access to the relevant information in due time.

(22) The aid for sugar beet and cane producers, the separate sugar payment and the separate fruit and vegetables payment are, due to their nature, not related to agricultural area, which is why the provisions concerning the single application do not apply to those payment schemes. Provision should therefore be made for an appropriate application procedure.

(23) Further requirements to the application for specific support under Article 68 of Regulation (EC) No 73/2009 other than area or livestock payments should be established. Due to the possible diversity of the specific support measures it is of particular importance that all information required to establish eligibility is submitted by the farmer. For practical reasons Member States should be allowed to require the supporting documents at a later date than the one which should be set for the application.

(24) In the case of application of Article 68(1)(e) of Regulation (EC) No 73/2009, the beneficiaries are not the farmers but mutual funds having compensated farmers for economic loss. Special requirements should be established for the application for the support to mutual funds reflecting the information needed to establish their eligibility for the payment.

(25) The general framework for the introduction of simplified procedures in the context of communications between the

farmer and the Member States authorities should be set up. That framework should, in particular, provide for the possibility to make use of electronic means. It has however to be guaranteed that, in particular, the data thus proceeded is fully reliable and that such procedures are operated without any discrimination between farmers. Further, it should, in order to simplify the administration for the farmers as well as for the national authorities, be possible for the national authorities to require the supporting documents needed to verify the eligibility of certain payments, directly from the source of information and not from the farmer.

(26) Where aid applications contain obvious errors, it should be possible to adjust them at any time.

(27) Rules should be established to deal with the situations where the latest date related to submission of various applications, documents or amendments is a public holiday, a Saturday or a Sunday.

(28) Respect for the time limits for the submission of aid applications, for the amendment of area aid applications and for any supporting documents, contracts or declarations is indispensable to enable the national administrations to program and, subsequently, carry out effective controls on the correctness of the aid applications. Provision should, therefore, be made regarding the time limits within which late submissions are acceptable. Moreover, a reduction should be applied to encourage farmers to respect the time limits.

(29) The punctual submission of applications for payment entitlements by farmers is essential for the Member States with a view to the timely establishment of the payment entitlements. Late submissions of those applications should therefore only be permitted within the same additional time-limit as for the late submission of any aid applications. A dissuasive reduction-rate should also be applied unless the delay is due to cases of force majeure or exceptional circumstances.

(30) Farmers should be entitled to withdraw their aid applications or parts thereof at any time provided that the competent authority has not yet informed the farmer of any errors contained in the aid application nor notified an on-the-spot check.

(31) Compliance with the provisions on the aid schemes managed under the integrated system should be effectively monitored. To this end, and to have a harmonised level of monitoring in all Member States, it is necessary to set out in detail the criteria and technical procedures for carrying out administrative controls and on-the-spot checks in respect both of the eligibility criteria established for the aid schemes and the cross-compliance obligations. It is essential for the monitoring that the on-the-spot checks can be carried out. Applications should therefore be rejected if a farmer would prevent those checks from taking place.

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(32) Announcement of on-the-spot checks for eligibility or cross-compliance should only be allowed when this would not jeopardise the checks, and in any case appropriate time limits should be established. Furthermore, where specific sector rules for acts or standards under cross-compliance provide for on-the-spot checks to be un-announced, these rules should be respected.

(33) It should be provided that, where appropriate, the Member States should undertake to combine the various controls.

(34) With a view to an effective detection of irregularities in the administrative controls, provisions should be established in particular as regards the content of the cross-checks. Irregularities should be followed up by any appropriate procedure.

(35) A frequent error when performing the cross-checks is a minor over-declaration of the total agricultural area within a reference parcel. For reasons of simplification, where a reference parcel is subject to an aid application of two or more farmers applying for aid under the same aid scheme and where the overall area declared exceeds the agricultural area with a difference which falls within the tolerance defined for measurement of agricultural parcels, Member States should be authorised to provide for a proportional reduction of the areas concerned. However, the farmers concerned should be entitled to appeal against such decisions.

(36) When a Member State makes use of the possibility provided for in Article 68 of Regulation (EC) No 73/2009 and the payments are granted for areas or livestock it is appropriate to apply the same control rate as for other area-related and livestock payments. For other specific support measures, beneficiaries should be considered as a separate population and be submitted to a specific minimum control rate.

(37) The minimum number of farmers to be checked on-the-spot under the various aid schemes should be determined. In the case where Member States opt for the application of the various livestock aid schemes, an integrated holding-based approach should be foreseen in relation to farmers applying for aids under those schemes.

(38) The determination of significant irregularities and non-compliances should require an increase in the level of the on-the-spot checks during the current and/or the following year to reach an acceptable level of assurance of the correctness of the aid applications concerned. The extension of the sample should, when it concerns cross-compliance, be targeting the acts or standards concerned.

(39) On-the-spot checks of farmers submitting aid applications do not necessarily have to be carried out on each individual

animal or agricultural parcel. Checks on a sample basis may, in certain cases, be carried out. However, where this is allowed, the sample should be extended to a degree that guarantees a reliable and representative level of assurance. In some cases the sample may have to be extended to a full control. The Member States should establish the criteria for the selection of the sample to be checked.

(40) The sample of the minimum rate of on-the-spot checks should be drawn partly on the basis of a risk analysis and partly at random. The competent authority should establish the risk factors as it is in a better position to choose the relevant risk factors. To assure relevant and efficient risk analysis, the effectiveness of the risk analysis should be assessed and updated on an annual basis taking into account the relevance of each risk factor, comparing the results of randomly and risk-based selected samples and the specific situation in the Member States.

(41) In order for the on-the-spot check to be effective it is important for the staff carrying out the checks to be informed of the reason for the selection for the on-the-spot check. The Member States should keep records of such information.

(42) In certain cases it is relevant to carry out on-the-spot checks before all applications are received and Member States should therefore be allowed to make a partial selection of the control sample before the end of the application period.

(43) To enable the national authorities as well as any competent Community authority to follow up on-the-spot checks carried out, the details of the checks should be recorded in a control report. The farmer or a representative should be given the opportunity to sign the report. However, in the case of on-the-spot checks by means of remote sensing the Member States should be allowed to provide for this right only in cases where the check reveals irregularities. Irrespective of the kind of on-the-spot check carried out, the farmer should receive a copy of the report if irregularities are found.

(44) On-the-spot checks of area-related schemes should, to ensure proper monitoring, cover all agricultural parcels declared. It should however for the purpose of simplification be allowed that the actual determination of the parcels is limited to a sample of 50 % of the parcels. The sample should however be reliable and representative and increased in the case of anomalies. Results of the sample should be extrapolated to the rest of the population. It is appropriate to specify that Member States for the purpose of the on-the-spot checks may make use of certain technical tools.

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(45) Detailed rules regarding the determination of areas and the measurement methods to be used should be laid down to ensure a quality of the measurement which is equivalent to that required by technical standards as drawn up at Community level.

(46) Experience has shown that, in relation to the determination of the area of agricultural parcels eligible for area payments, it is necessary to define the acceptable width of certain features of the fields, in particular hedges, ditches and walls. In view of specific environmental needs, some flexibility should be provided within the limits taken into account when the regional yields were fixed.

(47) It should be established under what conditions agricultural parcels containing trees should be considered as eligible for the area-related schemes. It is also appropriate to establish a provision concerning the administrative procedure to follow in case of areas used in common.

(48) The conditions for the use of remote sensing for on-the-spot checks should be laid down and provision should be made for physical checks to be carried out in cases where photo-interpretation does not lead to clear results. Due to for example weather conditions there might be cases where additional checks to be carried out following an increase in the rate of the on-the-spot check can no longer be carried out by means of remote sensing. In that case they should be carried out by traditional means.

(49) Under the single payment scheme, farmers having special entitlements may receive support if they fulfill a certain activity requirement. For the sake of an effective verification of that requirement, Member States should lay down procedures for on-the-spot checks of farmers having special entitlements.

(50) Given the particularities of the aid scheme for seed, cotton and sugar in accordance with Sections 5, 6 and 7 of Chapter 1 of Title IV of Regulation (EC) No 73/2009, special control provisions should be established.

(51) Article 39(1) of Regulation (EC) No 73/2009 provides that in order to be eligible for direct payments, the varieties of hemp must have a tetrahydrocannabinol (THC) content not exceeding 0,2 %. With a view to the implementation of this rule, the system to be used by the Member States for the verification of THC content in hemp should be established.

(52) Moreover, it is necessary to provide for a time period during which hemp grown for fiber may not be harvested after flowering in order to enable the control obligations provided for in respect of these crops to be carried out effectively.

(53) In the case where a Member State opts for the application of the various livestock aid schemes, where aid is being applied for under those aid schemes, the timing and the minimum content of on-the-spot checks should be specified. In order to check effectively the correctness of declarations in aid applications and notifications to the computerised database for bovine animals it is essential to carry out a major part of such on-the-spot checks whilst animals still have to be kept on farm under the retention obligation.

(54) In the case where a Member State opts for the application of the various aid schemes for bovine animals, the proper identification and registration of bovine animals being an eligibility condition pursuant to Article 117 of Regulation (EC) No 73/2009, it should be ensured that Community aid is granted only for bovines properly identified and registered. Such checks should also be carried out in respect of bovine animals not yet claimed but which could be subject to an aid application because such animals, due to the set-up of several of the bovine aid schemes, are, in many cases, only claimed for aid after they have left the holding.

(55) For ovine and caprine, the on-the-spot checks should in particular cover the fulfillment of the retention period and the correctness of the entries in the register.

(56) In the case where a Member State opts for the application of the slaughter premium, special provision should be made for on-the-spot checks to be carried out in slaughterhouses in order to check that animals claimed for aid are eligible and that the information contained in the computerised database is correct. The Member States should be authorised to apply two different bases for selecting slaughterhouses for such checks.

(57) As far as the slaughter premium granted after export of bovine animals is concerned, special provisions are necessary along with Community control provisions relating to export in general because of the differences in the control purposes.

(58) Special control provisions have been established on the basis of Commission Regulation (EC) No 1082/2003 of23 June 2003 laying down detailed rules for the implementation of Regulation (EC) No 1760/2000 of the European Parliament and of the Council

(1) OJ L 156, 25.6.2003, p. 9.

(1) as regards the minimum level of controls to be carried out in the framework of the system for the identification and registration of bovine animals. Where the controls under that Regulation are carried out, the results should be contained in the control report for the purposes of the integrated system.

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(59) Furthermore, there is a need to establish provisions as regards the control report in case of on-the-spot checks in slaughterhouses or when the premium is granted after export. For the purpose of coherence, it should also be provided that in case of non-compliances with the provisions of Title I of Regulation (EC) No 1760/2000 or Council Regulation (EC) No 21/2004 of 17 December 2003 establishing a system for the identification and registration of ovine and caprine animals and amending Regulation (EC) No 1782/2003 and Directives 92/102/EEC and 64/432/EEC

(1) OJ L 5, 9.1.2004, p. 8.

(1) copies of the control reports should be sent to the authorities responsible for the application of those Regulations.

(60) In the case where a Member State makes use of the possibility to grant specific support as provided for in Article 68 of Regulation (EC) No 73/2009, the control provisions established by this Regulation should be applied to the extent possible. Where it is not possible to apply those provisions, Member States should provide an equivalent control level. Specific requirements for control of payment applications by mutual funds and for investments should be established.

(61) Regulation (EC) No 73/2009 introduces cross-compliance obligations for farmers receiving payments under all direct payment schemes listed in Annex I to that Regulation and provides for a system of reductions and exclusions where such obligations are not fulfilled. That system also applies to payments under Articles 85p, 103q and 103r of Regulation (EC) No 1234/2007. The details for that system should be established.

(62) The details concerning which authorities in the Member States carry out controls on cross-compliance obligations should be established.

(63) In certain cases it might be useful for the Member States to carry out administrative controls on cross-compliance obligations. However, such control tools should not be made compulsory for the Member States.

(64) The minimum control rate for the respect of the cross-compliance obligations has to be established. That control rate should be fixed at 1 % of farmers subject to cross-compliance falling under the area of competence of each control authority to be selected on the basis of an appropriate risk analysis.

(65) The Member States should be given the option to fulfill the minimum control rate at the level of each competent control authority, at the level of the paying agency or at the level of an act or standard, or group of acts or standards.

(66) Where the specific legislation applicable to the act and standards fixes minimum control rates, Member States should respect these rates. However, Member States should be allowed to apply a single control rate for the cross-compliance on-the-spot checks. If Member States choose this option, any instance of non-compliance detected in the course of on-the-spot checks under the sectoral legislation should be reported and followed-up under cross-compliance.

(67) Rules which in certain cases require a follow-up by the competent authority that a remedial action has been taken by the farmers have been established by Regulation (EC) No 73/2009. In order to avoid any weakening of the control system, in particular as to the sampling for the cross-compliance on-the-spot checks, it should be clarified that such follow-up cases should not be taken into account when establishing the minimum control sample.

(68) The control sample for cross-compliance should either be drawn on the basis of the samples of farmers that are selected for an on-the-spot check as regards eligibility criteria, or from the overall population of farmers submitting aid applications for direct payments. In the latter case certain sub-options should be allowed.

(69) The sampling of on-the-spot checks for cross-compliance can be improved by allowing taking into account into the risk analysis the farmers participation in the farm advisory system provided for in Articles 12 of Regulation (EC) No 73/2009 as well as farmers participation in relevant certifications systems. It should however be demonstrated when taking that participation into account that the farmers participating in those schemes represent a lesser risk than farmers not participating in those schemes.

(70) On-the-spot checks for cross-compliance would in general require several visits on the same farm. In order to reduce the burden of the checks for both farmers and administrations, the checks may be limited to one control visit. The timing of that visit should be clarified. Nevertheless, the Member States should ensure that a representative and effective check of the requirements and standards is performed within the same calendar year.

(71) To simplify the cross-compliance on-the-spot checks and to make better use of existing control capacities, it should be provided, when the effectiveness of the controls is at least equal to that achieved when the on-the-spot checks are to be carried out, to replace controls at farm level by administrative controls or checks at the level of undertakings.

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(72) It should furthermore be possible for the Member States to make use of objective indicators specific to certain requirements or standards when performing the cross-compliance on-the-spot checks. Those indicators should however be directly linked to the requirements or standards they represent and cover all elements to be checked.

(73) Rules for the setting-up of detailed and specific control reports for cross-compliance have to be established. The specialised controllers in the field should indicate any findings and also the degree of seriousness of such findings in order to enable the paying agency to fix the related reductions or, as the case may be, to decide on exclusions from receiving direct payments.

(74) The farmers should be informed about any possible non-compliance determined following an on-the-spot check. It is appropriate to provide for a certain time limit within which the farmers should receive this information. However, exceeding such time limit should not entitle the farmers concerned to avoid the consequences that the determined non-compliance would otherwise trigger.

(75) Reductions and exclusions should be established having regard to the principle of proportionality and the special problems linked to cases of force majeure as well as exceptional and natural circumstances. In the case of cross-compliance obligations, reductions and exclusions may only be applied where the farmer acted negligently or intentionally. Reductions and exclusions should be graded according to the seriousness of the irregularity committed and should go as far as the total exclusion from one or several aid schemes for a specified period. They should, with regard to the eligibility criteria, take into account the particularities of the various aid schemes.

(76) In order to enable Member States to carry out controls effectively, in particular controls on the respect of cross-compliance obligations, farmers shall in accordance with Article 19(1)(a) of Regulation (EC) No 73/2009 declare all the areas at their disposal whether or not they claim aid for such areas. It is necessary to provide for a mechanism to ensure that farmers comply with that obligation.

(77) For the sake of determination of areas and calculation of reductions it is necessary to define the areas falling within the same crop-group. An area should be taken into account several times if it is declared for aid under more than one aid scheme.

(78) Payment of support under the single payment scheme requires an equal number of payment entitlements and eligible hectares. For the purpose of this scheme it is therefore appropriate to provide that the calculation of the

payment in the case of discrepancies between the payment entitlements declared and the area declared should be based on the lower size. To avoid calculation based on non-existing entitlements, it should be provided that the number of payment entitlements used for the calculation should not exceed the number of payment entitlements at the farmers’ disposal.

(79) In relation to area aid applications, irregularities normally affect parts of areas. Over-declarations in respect of one parcel may, therefore, be off-set against under-declarations of other parcels of the same crop-group. Within a certain margin of tolerance it should be foreseen that aid applications are only adjusted to the area actually determined and reductions only start to apply once this margin has been exceeded.

(80) Furthermore, in relation to applications for area related payments, differences between the total area declared in the application and the total area determined as eligible are often insignificant. To avoid a high number of minor adjustments of applications it should be provided that the aid application should not be adjusted to the area determined unless a certain level of differences is exceeded.

(81) Special provisions are necessary to take into account the particularities of aid applications under the aid schemes for starch potato, seed and cotton.

(82) In the case where an over-declaration was intentional, special reduction rules should apply.

(83) Implementing rules for the basis of calculation of livestock premiums should be laid down.

(84) Farmers should be allowed to replace the bovine and ovine/caprine animals under certain conditions and within the limits allowed under the relevant sectoral rules.

(85) As far as livestock aid applications are concerned, irregularities lead to the ineligibility of the animal concerned. Reductions should be foreseen as from the first animal found with irregularities but, irrespective of the level of the reduction, there should be a less harsh sanction where three animals or less are found with irregularities. In all other cases the severity of the sanction should depend on the percentage of animals found with irregularities.

(86) With regard to ovine and caprine animals a number of specific provisions should be laid down due to the particularities of the sector.

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(87) Where, due to natural circumstances, a farmer is unable to fulfill the retention obligations under the sectoral rules, reductions and exclusions should not be applied.

(88) In the case where a Member State opts for the application of the slaughter premium, due to the importance of slaughterhouses for the proper functioning of some of the bovine aid schemes, provision should also be made for cases where slaughterhouses, due to gross negligence or intentionally, issue incorrect certificates or declarations.

(89) In case the specific support as provided for in Article 68 of Regulation (EC) No 73/2009 is granted as an area-related payment or a livestock payment, the provisions for reductions and exclusions to be hereto established should, to the extent possible, be applied mutatis mutandis. For other cases Member States should for each measure under the specific support provide for equivalent reductions and exclusions.

(90) Information on the results of controls of cross-compliance should be made available to all paying agencies responsible for the management of the different payments subject to cross-compliance requirements so that, where the findings so justify, appropriate reductions are applied.

(91) Furthermore, where the possibility not to apply any reduction for minor non-compliances or not to apply reductions amounting to EUR 100 or less, as provided for in Articles 23(2) or 24(2) of Regulation (EC) No 73/2009, is applied by a Member State, rules should be established where farmers fail to undertake the remedial action required from them.

(92) With regard to cross-compliance obligations, apart from grading reductions or exclusions in view of the principle of proportionality, it should be provided that as of a certain moment, repeated infringements of the same cross-compliance obligation should, after a prior warning to the farmer, be treated as an intentional non-compliance.

(93) Reductions and exclusions with regard to eligibility criteria should, as a general rule, not apply where the farmer submitted factually correct information or where he can show otherwise that he is not at fault.

(94) Farmers who give notice to the competent national authorities at any time of incorrect aid applications should not be subject to any reductions or exclusions irrespective of the reason of the incorrectness, provided that the farmer has not been informed of the competent authority’s intention to carry out an on-the-spot check and the authority has not already informed the farmer of any irregularity in the application.

(95) The same should apply in relation to incorrect data contained in the computerised database both in respect of claimed bovine animals for which such irregularities not only constitute a non-respect of a cross-compliance obligation but also a breach of an eligibility criterion, and in respect of unclaimed bovine animals where such irregularities are relevant only under the cross-compliance obligations.

(96) Article 31 of Regulation (EC) No 73/2009 defines cases of force majeure and exceptional circumstances to be recognised by the Member States. Where, as a consequence of such cases, a farmer is not able to fulfill his obligations, he should not lose his right to the aid payment. A deadline within which such case is to be notified by the farmer should however be fixed.

(97) The management of small amounts is a burdensome task for the competent authorities of the Member States. It is therefore appropriate to authorise the Member States not to pay amounts of aid that are below a certain minimum.

(98) Specific and detailed provisions have to be laid down in order to ensure the equitable application of various reductions to be applied in respect of one or several aid applications by the same farmer. The reductions and exclusions provided for in this Regulation should apply without prejudice to additional sanctions under any other provisions of Community or national law.

(99) The sequence for the calculation of various potential reductions on each support scheme should be determined. In order to ensure the respect of the various budgetary ceilings established for the direct support schemes, it should in particular be provided that the payments are reduced by a coefficient where the ceilings would otherwise be exceeded.

(100) Articles 7, 10 and 11 of Regulation (EC) No 73/2009 provide for reductions and, as the case may be, adjustments of the sum of direct payments to be granted to a farmer in respect of a calendar year due to modulation and financial discipline, respectively. The implementing provisions should provide for the basis for calculation of those reductions and adjustments in the process of calculating the amount of the payments to be made to farmers.

(101) In order to ensure the uniform application of the principle of good faith throughout the Community, where amounts unduly paid are recovered, the conditions under which that principle may be invoked should be laid down without prejudice to the treatment of the expenditure concerned in the context of the clearance of accounts under Council Regulation (EC) No 1290/2005 of 21 June 2005 on the financing of the common agricultural policy

(1) OJ L 171, 2.7.2005, p. 6.

(1).

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(102) Rules need to be established to cover the eventuality where a farmer has received unduly a number of payment entitlements or that the value of each of the payment entitlements was fixed at an incorrect level and where the case is not covered by Article 137 of Regulation (EC) No 73/2009. However, in certain cases, where unduly allocations of entitlements did not affect the total value, but only the number of the entitlements of the farmer, Member States should correct the allocation or where appropriate the type of entitlements, without reducing the value thereof. That provision should only apply if the farmer could not have reasonably detected the error. Furthermore, in certain cases, unduly allocated entitlements correspond to very small amounts and a substantial administrative burden is required to recover those entitlements. In light of simplification and the balance between the administrative burden and the amount to be recovered, a minimum amount that may trigger a recovery should be fixed. Moreover, provision has to be made for the case where such payment entitlements have been transferred and for the case where transfers of payment entitlements have occurred without respecting Article 46(2) of Regulation (EC) No 1782/2003 or Articles 43, 62(1), 62(2) and 68(5) of Regulation (EC) No 73/2009.

(103) Rules should be established concerning the consequences of transfers of entire holdings which are under certain obligations in accordance with the direct payment schemes subject to the integrated system.

(104) As a general rule, Member States should take any further measures necessary to ensure a proper functioning of the integrated administrative control system. The Member States should give each other mutual assistance where necessary.

(105) The Commission should, where appropriate, be informed of any measures taken by the Member States to introduce changes to their implementation of the integrated system. In order to enable the Commission to monitor the integrated system effectively, the Member States should send to it annual control statistics. The Member States should, moreover, inform the Commission of any measures they are taking with regard to the maintenance of land under permanent pasture as well as of any reduction applied in accordance with Article 8(1) of Regulation (EC) No 73/2009.

(106) Article 9 of Regulation (EC) No 73/2009 lays down rules concerning the amounts resulting from the modulation. A part of the amounts should be allocated in accordance with an allocation key for which rules should be set up based on the criteria established in that Article.

(107) This Regulation should apply as from 1 January 2010. Regulation (EC) No 796/2004 should therefore be repealed as from that date. However, it should continue to apply with regard to aid applications relating to marketing years or premium periods which start before 1 January 2010.

(108) The measures provided for in this Regulation are in accordance with the opinion of the Management Committee for the Common Organisation of Agricultural Markets and of the Management Committee for Direct Payments,

HAS ADOPTED THIS REGULATION:

PART I

GENERAL PROVISIONS

TITLE I

SCOPE AND DEFINITIONS

Article 1

Scope

This Regulation lays down the detailed rules for the implementation of cross-compliance, modulation and the integrated administration and control system (hereinafter the integrated system), established by Chapter 4 of Title II of Regulation (EC) No 73/2009, and for the implementation of cross-compliance provided for in Articles 85t and 103z of Regulation (EC) No 1234/2007. It shall be without prejudice to specific provisions laid down in the Regulations covering the individual aid schemes.

Article 2

Definitions

For the purposes of this Regulation, the definitions in Article 2 of Regulation (EC) No 73/2009 shall apply.

The following definitions shall also apply:

(1) ‘agricultural parcel’ means a continuous area of land, declared by one farmer, which does not cover more than one single crop group; however, where a separate declaration of the use of an area within a crop group is required in the context of this Regulation, that specific use shall if necessary further limit the agricultural parcel; Member States may lay down additional criteria for further delimitation of an agricultural parcel;

(2) ‘permanent pasture’ means permanent pasture as defined in Article 2(c) of Regulation (EC) No 1120/2009


(1);

(3) ‘system for the identification and registration of bovine animals’ means the system for the identification and registration of bovine animals established by Regulation (EC) No 1760/2000;

(4) ‘ear tag’ means the ear tag to identify animals individually referred to in Article 3(a) and Article 4 of Regulation (EC) No 1760/2000;

NE9002.21.2


(5) ‘computerised database for bovine animals’ means the computerised database referred to in Article 3(b) and Article 5 of Regulation (EC) No 1760/2000;

(6) ‘animal passport’ means the animal passport referred to in Article 3(c) and Article 6 of Regulation (EC) No 1760/2000;

(7) ‘register’ means the register kept by the keepers of animals in accordance with Article 5 of Regulation (EC) No 21/2004 or Article 3(d) and Article 7 of Regulation (EC) No 1760/2000 respectively;

(8) ‘elements of the system for the identification and registration of bovine animals’ means the elements referred to in Article 3 of Regulation (EC) No 1760/2000;

(9) ‘identification code’ means the identification code referred to in Article 4(1) of Regulation (EC) No 1760/2000;

(10) ‘irregularities’ means any non-respect of the relevant rules for the granting of the aid in question;

(11) ‘single application’ means the application for direct payments in respect of the single payment scheme and other area-related aid schemes;

(12) ‘area-related aid schemes’ means the single payment scheme,area-related payments under specific support and all aidschemes established under Titles IV and V of Regulation (EC)No 73/2009, except those established under Sections 7, 10,and 11 of that Title IV, except the separate sugar paymentestablished in Article 126 of that Regulation and except theseparate fruit and vegetable payment established inArticle 127 of that Regulation;

(13) ‘livestock aid application’ means the applications for the payment of aid under the sheep and goat premiums scheme andthe beef and veal payments schemes provided for in Sections 10 and 11 of Title IV, respectively, of Regulation (EC)No 73/2009 and livestock headage or livestock unit payments under specific support;

(14) ‘specific support’ means support referred to in Article 68 ofRegulation (EC) No 73/2009;

(15) ‘use’ means the use of area in terms of the type of crop orground cover or the absence of a crop;

(16) ‘bovine aid schemes’ means the aid schemes referred to inArticle 108 of Regulation (EC) No 73/2009;

(17) ‘ovine/caprine aid scheme’ means the aid scheme referred toin Article 99 of Regulation (EC) No 73/2009;

(18) ‘claimed bovine animals’ means bovine animals subject to alivestock aid application under the bovine aid schemes orunder specific support;

(19) ‘unclaimed bovine animals’ means bovine animals not yetsubject to a livestock aid application but potentially eligiblefor aid under the bovine aid schemes;

(20) ‘potentially eligible animal’ means an animal that could apriori potentially fulfil the eligibility criteria for receiving theaid in the claim year in question;

(21) ‘retention period’ means the period during which an animalfor which aid has been claimed has to be kept on the holding, as provided for in the following provisions of Commission Regulation (EC) No 1121/2009


(1):

(a) Articles 53 and 57, in relation to the special premiumfor male bovines;

(b) Article 61, in relation to the suckler cow premium;

(c) Article 80, in relation to the slaughter premium;

(d) Article 35(3), in relation to aid paid for ovines andcaprines;

(22) ‘animal keeper’ means any natural or legal person responsible for animals whether on a permanent or on a temporary basis, including during transportation or at a market;

(23) ‘area determined’ means the area for which all conditionslaid down in the rules for granting the aid have been met; inthe case of the single payment scheme, the area declaredmay be deemed as being determined only if it is actuallybeing accompanied by a corresponding number of paymententitlements;

(24) ‘animal determined’ means an animal for which all conditions laid down in the rules for granting the aid have beenmet;

(25) ‘premium period’ means the period to which aid applicationsrefer irrespective of the moment of their submission;

(26) ‘geographical Information System’ (hereinafter referred to asGIS) means the computerised geographical information system techniques referred to in Article 17 of Regulation (EC)No 73/2009;

(27) ‘reference parcel’ means a geographically delimited arearetaining a unique identification as registered in the GIS inthe Member State’s identification system referred to inArticle 15 of Regulation (EC) No 73/2009;

(28) ‘geographical material’ means maps or other documentsused to communicate the contents of the GIS between theaid applicants and the Member State’s;

(29) ‘national coordinate reference system’ means a system asdefined in Directive 2007/2/EC of the European Parliamentand of the Council

(2) OJ L 108, 25.4.2007, p. 1.

(2) which permits standardised measurement and unique identification of agricultural parcelsthroughout the Member State concerned;

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(30) ‘paying agency’ means the authorities and bodies referred toin Article 8(1) of Regulation (EC) No 1290/2005;

(31) ‘cross-compliance’ means the statutory management requirements and the good agricultural and environmental condition in accordance with Articles 5 and 6 of Regulation (EC)No 73/2009;

(32) ‘areas of cross-compliance’ means the different areas of statutory management requirements within the meaning ofArticle 5(1) of Regulation (EC) No 73/2009 and the goodagricultural and environmental condition in accordance withArticle 6 of that Regulation;

(33) ‘act’ means each of the individual Directives and Regulationslisted in Annex II to Regulation (EC) No 73/2009;

(34) ‘standards’ means the standards as defined by the MemberStates in accordance with Article 6 of Regulation (EC)No 73/2009 and Annex III thereto as well as the obligationsin relation to permanent pasture as laid down in Article 4 ofthis Regulation;

(35) ‘requirement’, where this term is used in the context of cross-compliance, it means each individual statutory managementrequirement resulting from any of the Articles referred to inAnnex II to Regulation (EC) No 73/2009 within a given act,differing in substance from any other requirements of thesame act;

(36) ‘non-compliance’ means any non-compliance with therequirements and standards;

(37) ‘specialised control bodies’ means the national competentcontrol authorities, as referred to in Article 48 of this Regulation, responsible, in accordance with the first subparagraph of Article 22(2) of Regulation (EC) No 73/2009, forensuring compliance with the statutory managementrequirements and good agricultural and environmentalcondition;

(38) ‘from payment’ means, for the purposes of the cross-compliance obligations provided for in Articles 85tand 103z of Regulation (EC) No 1234/2007, as from 1 January of the year following the calendar year in which the firstpayment was granted.

TITLE II

MAINTENANCE OF PERMANENT PASTURE

Article 3

Maintenance of land under permanent pasture at MemberState level

1. Without prejudice to the exceptions provided for in thethird subparagraph of Article 6(2) of Regulation (EC) No 73/2009,the Member States shall, pursuant to the first paragraph thereof,ensure the maintenance of the ratio of the land under permanentpasture in relation to the total agricultural area. That obligationshall apply at national or regional level.

However, where the amount of land under permanent pasture inabsolute terms established in accordance with paragraph 4(a),5(a), 6(a) and 7(a) of this Article is maintained, the obligation setout in the first subparagraph of Article 6(2) of Regulation (EC)No 73/2009 shall be considered as being complied with.

2. For the purposes of the second subparagraph of Article 6(2)of Regulation (EC) No 73/2009, the Member States shall ensurethat the ratio referred to in paragraph 1 of this Article shall notdecrease to the detriment of land under permanent pasture bymore than 10 % relatively to the ratio for the relevant referenceyear referred to in the first subparagraph of Article 6(2) of thatRegulation (hereinafter referred to as the reference ratio).

3. The ratio referred to in paragraph 1 shall be established eachyear on the basis of the areas declared by the farmers for the yearconcerned.

4. For the Member States, other than the new Member States,the reference ratio shall be established as follows:

(a) the land under permanent pasture shall be the land underpermanent pasture declared by the farmers in 2003, plus theland under permanent pasture declared in 2005 in accordance with Article 14(1) of Regulation (EC) No 796/2004and that has not been declared for any use other than grassland in 2003, unless the farmer can demonstrate that suchland was not under permanent pasture in 2003.

Areas declared in 2005 as land under permanent pasture andthat in 2003 were eligible for the arable crops area paymentin accordance with Article 1(3) of Council Regulation (EC)No 1251/1999

(1) OJ L 160, 26.6.1999, p. 1.

(1) shall be discounted.

Land that was under permanent pasture in 2003 and that hasbeen afforested in accordance with the third subparagraph ofArticle 6(2) of Regulation (EC) No 73/2009 shall bediscounted;

(b) The total agricultural area shall be the total agricultural areadeclared by the farmers in 2005.

5. For the new Member States that have not applied in respectof the year 2004 the single area payment scheme referred to inArticle 143b of Regulation (EC) No 1782/2003, the referenceratio shall be established as follows:

(a) the land under permanent pasture shall be the land underpermanent pasture declared by the farmers in 2004, plus theland under permanent pasture declared in 2005 in accordance with Article 14(1) of Regulation (EC) No 796/2004and that has not been declared for any use other than grassland in 2004, unless the farmer can demonstrate that suchland was not under permanent pasture in 2004.

NE9002.21.2



Areas declared in 2005 as land under permanent pasture andthat in 2004 were eligible for the arable crops area paymentin accordance with Article 1(3) of Regulation (EC)No 1251/1999 shall be discounted.


(b) the total agricultural area shall be the total agricultural areadeclared by the farmers in 2005.

6. For the new Member States that have applied in respect ofthe year 2004 the single area payment scheme referred to inArticle 143b of Regulation (EC) No 1782/2003, the referenceratio shall be established as follows:

(a) the land under permanent pasture shall be the land underpermanent pasture declared by the farmers in 2005 in accordance with Article 14(1) of Regulation (EC) No 796/2004.



7. For Bulgaria and Romania, the reference ratio shall be established as follows:

(a) the land under permanent pasture shall be the land underpermanent pasture declared by the farmers in 2007 in accordance with Article 14(1) of Regulation (EC) No 796/2004.



8. In case where objective elements show that the evolution ofthe ratio does not reflect the actual development of land underpermanent pasture, Members States shall adapt the referenceratio. In such situation, the Commission shall, without delay, beinformed on the adaptation made and the justification for thatadaptation.

Article 4

Maintenance of land under permanent pasture atindividual level

1. Where it is established that the ratio referred to inArticle 3(1) of this Regulation is decreasing the Member State concerned shall, at national or regional level, provide for the obligation of farmers applying for aid under any of the direct paymentschemes listed in Annex I to Regulation (EC) No 73/2009 not toconvert land under permanent pasture without priorauthorisation.

If the authorisation referred to in the first subparagraph is subjectto the condition that an area of land shall be established as permanent pasture, such land shall, as of the first day of conversion,be considered as permanent pasture by way of derogation fromthe definition laid down in Article 2(2). Those areas shall be usedto grow grasses or other herbaceous forage for the five consecutive years following the date of conversion.

2. Where it is established that the obligation referred to inArticle 3(2) of this Regulation cannot be ensured, the MemberState concerned shall, further to the measures to be taken inaccordance with paragraph 1 of this Article, provide, at nationalor regional level, for the obligation of farmers applying for aidunder any of the direct payment schemes listed in Annex I toRegulation (EC) No 73/2009 to re-convert land into land underpermanent pasture for those farmers who have land at their disposal which was converted from land under permanent pastureinto land for other uses.

This obligation shall apply with regard to land thus convertedsince the date of the start of the 24-month period proceeding thelast date at which the single applications had to be submitted atthe latest in accordance with Article 11(2) of this Regulation inthe Member State concerned.

In such case, farmers shall re-convert a percentage of that areainto land under permanent pasture or establish such an amountof area as land under permanent pasture. That percentage shall becalculated on the basis of the amount of area thus converted bythe farmer and the amount of area needed to re-establish thebalance.

However, where such land was subject to a transfer after it hadbeen converted into land for other uses, this obligation shall onlyapply if the transfer took place after the entry into force of Regulation (EC) No 796/2004.

By way of derogation from Article 2(2), areas re-converted orestablished as land under permanent pasture shall, as of the firstday of the re-conversion or establishment be considered as ‘permanent pasture’. Those areas shall be used to grow grasses orother herbaceous forage for the five consecutive years followingthe date of their conversion.

NE67/613L


3. The obligation for farmers set out in paragraphs 1 and 2shall not apply where farmers created land under permanent pasture in the framework of programmes in accordance with Council Regulations (EEC) No 2078/92

(1) OJ L 215, 30.7.1992, p. 85.

(1), (EC) No 1257/1999

(2) OJ L 160, 26.6.1999, p. 80.

(2)and (EC) No 1698/2005

(3) OJ L 277, 21.10.2005, p. 1.

(3).

PART II

THE INTEGRATED ADMINISTRATION AND CONTROLSYSTEM

TITLE I

SYSTEMS REQUIREMENTS AND CROSS-COMPLIANCE

CHAPTER I

Identification and registration system

Article 5

Identification of farmers

Without prejudice to Article 19(3) of Regulation (EC)No 73/2009, the single system to record the identity of eachfarmer provided for by Article 15(1)(f) of that Regulation shallguarantee a unique identification with regard to all aid applications submitted by the same farmer.

Article 6

Identification of agricultural parcels

1. The identification system for agricultural parcels referred toin Article 17 of Regulation (EC) No 73/2009 shall operate at reference parcel level such as cadastral parcel or production blockwhich shall ensure unique identification of each reference parcel.

For each reference parcel, a maximum eligible area shall be determined for the purpose of the single payment scheme or the singlearea payment scheme. The GIS shall operate on the basis of anational coordinate reference system. Where different coordinatesystems are used, they shall be compatible within each MemberState.

Member States shall, moreover, ensure that agricultural parcelsare reliably identified and shall in particular require the singleapplication to be furnished with particulars or accompanied bydocuments specified by the competent authority that enable eachagricultural parcel to be located and measured.

2. Member States shall ensure that with regard to at least 75 %of the reference parcels being subject to an aid application, at least90 % of the respective area is eligible pursuant to the single payment scheme respectively the single area payment scheme. Theassessment shall be made on an annual basis using appropriatestatistical methods.

Article 7

Identification and registration of payment entitlements

1. The system for the identification and registration of payment entitlements provided for in Article 18 of Regulation (EC)No 73/2009 shall be an electronic register at Member State leveland shall, in particular with regard to the cross-checks providedfor in Article 28 of this Regulation, ensure effective traceability ofthe payment entitlements, in particular as regards the followingelements:

(a) holder;

(b) value;

(c) date of establishment;

(d) date of last activation;

(e) origin, in particular with regard to its attribution, original ornational reserve, purchase, lease, inheritance;

(f) kind of entitlement, in particular special entitlements provided for in Article 44 of Regulation (EC) No 73/2009 andentitlements allocated in accordance with Article 68(1)(c) ofRegulation (EC) No 73/2009;

(g) where applicable, regional restrictions.

2. Member States in which there is more than one payingagency, may decide to operate the electronic register at payingagency level. In that case, the Member State concerned shallensure that the different registers are compatible with each other.

CHAPTER II

Cross-compliance

Article 8

Control system as regards cross-compliance

1. Member States shall establish a system guaranteeing aneffective control of the respect of cross-compliance. That systemshall, in accordance with Chapter III of Title III of this Part, in particular provide for:

(a) where the competent control authority is not the payingagency, the transfer of the necessary information concerningthe farmers applying for direct payments from the payingagency to the specialised control bodies and/or, where applicable, via the coordinating authority referred to inArticle 20(3) of Regulation (EC) No 73/2009;

NE9002.21.2

http://eur-lex.europa.eu/Result.do?aaaa=1992&mm=07&jj=30&type=L&nnn=215&pppp=0085&RechType=RECH_reference_pub&Submit=Searchhttp://eur-lex.europa.eu/LexUriServ/LexUriServ.do?uri=OJ:L:1999:160:0080:0080:EN:PDFhttp://eur-lex.europa.eu/LexUriServ/LexUriServ.do?uri=OJ:L:2005:277:0001:0001:EN:PDF


(b) the methods to be applied for the selection of controlsamples;

(c) indications with regard to the nature and extent of the checksto be carried out;

(d) control reports containing in particular any detected non-compliance and an assessment of its severity, extent, permanence and repetition;

(e) where the competent control authority is not the payingagency, the transfer of the control reports from the specialised control bodies either to the paying agency or the coordinating authority referred to in Article 20(3) of Regulation(EC) No 73/2009 or both;

(f) the application of the system of reductions and exclusions bythe paying agency.

2. Member States may provide for a procedure according towhich the farmer indicates to the paying agency the elements necessary to identify the requirements and standards applicable tohim.

Article 9

Payment of aid in relation to controls of cross-compliance

With regard to controls of cross-compliance specified in ChapterIII of Title III of this Part, where such controls cannot be finalisedbefore payment, any undue payments shall be recovered in accordance with Article 80.

TITLE II

AID APPLICATIONS

CHAPTER I

The single application

Article 10

General provisions pertaining to the single application

1. Member States may decide that all applications for aid underTitle III and IV of Regulation (EC) No 73/2009 shall be coveredby the single application. In that case, Chapters II to V of this Titleshall apply mutatis mutandis in respect of the particular requirements established in view of the application for aid under thoseschemes.

2. Where more than one paying agency is responsible withregard to the same farmer for the management of aid schemessubject to the submission of a single application, the MemberState concerned shall take the appropriate measures to ensure thatthe information requested in the single application is being madeavailable to all paying agencies involved.

Article 11

Date of submission of the single application

1. A farmer applying for aid under any of the area-related aidschemes may only submit one single application per year.

A farmer who does not apply for aid under any of the area-relatedaid schemes but applies for aid under another aid scheme listedin Annex I to Regulation (EC) No 73/2009 or for support pursuant to Articles 85p, 103q and 103r of Regulation (EC)No 1234/2007 shall, if he has agricultural area at his disposal,submit a single application form in which he shall list these areasin accordance with Article 13 of this Regulation.

A farmer who is only subject to cross-compliance obligations inaccordance with Articles 85t and 103z of Regulation (EC)No 1234/2007 shall submit a single application form in each calendar year in which those obligations apply.

However, Member States may exempt farmers from the obligations provided for in the second and third subparagraphs wherethe information concerned is made available to the competentauthorities in the framework of other administration and controlsystems that guarantee compatibility with the integrated systemin accordance with Article 26 of Regulation (EC) No 73/2009.

2. The single application shall be submitted by a date to befixed by the Member States which shall not be later than 15 May.However, Estonia, Latvia, Lithuania, Finland and Sweden may fixa later date which shall not be later than 15 June.

When fixing that date, Member States shall take into account theperiod required for all relevant data to be available for the properadministrative and financial management of the aid and shallensure that effective controls may be scheduled.

In accordance with the procedure referred to in Article 141(2) ofRegulation (EC) No 73/2009, it may be allowed to postpone thedates referred to in the first subparagraph of this paragraph in certain zones where exceptional climatic conditions render the normal dates inapplicable.

Article 12

Contents of the single application

1. The single application shall contain all information necessary to establish eligibility for the aid, in particular:

(a) the identity of the farmer;

(b) the aid scheme or schemes concerned;

(c) the identification of the payment entitlements in accordancewith the identification and registration system provided forin Article 7 for the purposes of the single payment scheme;

NE87/613L


(d) particulars permitting identification of all agricultural parcelson the holding, their area expressed in hectares to two decimal places, their location and, where applicable, their use andwhether the agricultural parcel is irrigated;

(e) a statement by the farmer that he is aware of the conditionspertaining to the aid schemes in question.

2. For the purpose of the identification of the payment entitlements referred to in paragraph 1(c), the pre-established formsprovided to the farmer in accordance with Article 19(2) of Regulation (EC) No 73/2009 shall mention the identification of thepayment entitlements in accordance with the identification andregistration system provided for in Article 7 of this Regulation.

3. For the purpose of the identification of all agricultural parcels on the holding referred to in paragraph 1(d), the pre-established forms provided to the farmer in accordance withArticle 19(2) of Regulation (EC) No 73/2009 shall mention themaximum eligible area per reference parcel for the purposes ofthe single payment scheme or the single area payment scheme.Moreover, the geographical material supplied to the farmer inaccordance with that provision shall indicate the boundaries ofthe reference parcels and their unique identification and thefarmer shall indicate the location of each agricultural parcel.

4. When submitting the application form, the farmer shall correct the pre-established form referred to in paragraphs 2 and 3 ifany amendments, in particular transfers of payment entitlementsin accordance with Article 43 of Regulation (EC) No 73/2009,have occurred or if any of the information contained in the pre-established forms is incorrect.

If the correction relates to the reference parcel area, the farmershall declare the up-to-date area of each agricultural parcel concerned and where necessary indicate the new boundaries of thereference parcel.

5. For the first year of application of the single paymentscheme the Member States may derogate from the provisions ofthis Article and of Article 13 concerning payment entitlements ifthose are not yet definitively established at the latest date fixed forthe submission of the single application.

The derogations provided for in the first subparagraph shall alsoapply with regard to the first year when new sectors are introduced into the single payment scheme and the payment entitlements are not yet definitively established for the farmersconcerned by this introduction.

Article 13

Specific requirements pertaining to the single applicationand declarations in relation to particular uses of area

1. In the case where a farmer intends to produce hemp inaccordance with Article 39 of Regulation (EC) No 73/2009, thesingle application shall contain:

(a) all information required for the identification of the parcelssown in hemp, indicating the varieties of seed used;

(b) an indication as to the quantities of the seeds used (kg perhectare);

(c) the official labels used on the packaging of the seeds in accordance with Council Directive 2002/57/EC

(1) OJ L 193, 20.7.2002, p. 74.

(1), and in particular Article 12 thereof or any other document recognised asequivalent by the Member State.

By way of derogation from point (c) of the first subparagraph,where sowing takes place after the deadline for submitting thesingle application, the labels shall be submitted by 30 June at thelatest. Where the labels also have to be submitted to other nationalauthorities, the Member States may provide for those labels to bereturned to the farmer once they have been submitted in accordance with that point. The labels returned shall be marked as usedfor an application.

2. In the case of an application for an area payment for nutsas provided for in Section 4 of Chapter 1 of Title IV of Regulation(EC) No 73/2009, the single application shall contain the numberof nut trees by species.

3. In the case of an application for aid for starch potato provided for in Section 2 of Chapter 1 of Title IV of Regulation (EC)No 73/2009, the single application shall contain a copy of thecultivation contract; however, Member States may provide thatthat copy may be submitted by a later date which shall not belater than 30 June.

4. In the case of an application for seed aid provided for in Section 5 of Chapter 1 of Title IV of Regulation (EC) No 73/2009, thesingle application shall contain:

(a) a copy of the growing contract or growing declaration; however, Member States may provide that that copy may be submitted by a later date which shall not be later than15 September;

(b) an indication of the species of seed sown on each parcel;

(c) an indication of the quantity of certified seed produced,expressed in quintals to one decimal point; however, Member States may provide that that information may be submitted by a later date which shall not be later than 15 June of theyear following the harvest;

(d) a copy of the supporting documents showing that the quantities of seed referred to have been officially certified; however, Member States may provide that that information maybe submitted by a later date which shall not be later than15 June of the year following the harvest.

5. In the case of an application for the crop specific paymentfor cotton provided for in Section 6 Chapter 1 of Title IV of Regulation (EC) No 73/2009, the single application shall contain:

(a) the name of the variety of cotton seed used;

(b) where appropriate, the name and address of the approvedinter-branch organisation of which the farmer is a member.

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6. In case of application for transitional fruit and vegetablespayments provided for in Section 8 of Chapter 1 of Title IV ofRegulation (EC) No 73/2009 or application for transitional softfruit payments provided for in Section 9 of that Chapter, thesingle application shall contain a copy of the contract for processing or the commitment to supply pursuant to Article 33 of Regulation (EC) No 1121/2009.

Member States may provide that the information in the first subparagraph may be submitted separately by a later date which shallnot be later than 1 December the year of the application.

7. In the case of an application for any area related measureunder specific support, the single application shall contain anydocument required by the Member State.

8. Uses of area referred to in Articles 6(2) and 38 of Regulation (EC) No 73/2009 and those listed in Annex VI to that Regulation or areas declared for the specific support provided for inArticle 68 of Regulation (EC) No 73/2009, where those areas donot have to be declared in accordance with this Article, shall bedeclared under a separate heading in the single application form.

Uses of area neither for the purposes of the aid schemes providedfor in Titles III, IV and V of Regulation (EC) No 73/2009 nor listedin Annex VI to that Regulation shall be declared under one ormore ‘other uses’ headings.

Member States may provide that the first and second subparagraphs shall not apply where the information concerned is madeavailable to the competent authorities in the framework of otheradministration and control systems that guarantee compatibilitywith the integrated system in accordance with Article 26 of Regulation (EC) No 73/2009.

9. Each Member State shall determine the minimum size ofagricultural parcels in respect of which an application may bemade. However, the minimum size may not exceed 0,3 ha.

Article 14

Amendments to the single application

1. After the expiry of the time limit for the submission of thesingle application, individual agricultural parcels or individualpayment entitlements may be added in the single application provided that the requirements under the aid schemes concerned arerespected.

Changes regarding the use or aid scheme in respect of individualagricultural parcels or in respect of payment entitlements alreadydeclared in the single application may be made under the sameconditions.

Where the amendments referred to in the first and second subparagraphs have a bearing on any supporting documents or contracts to be submitted, the related amendments to such documentsor contracts shall also be allowed.

2. Without prejudice to the dates fixed by Estonia, Latvia,Lithuania, Finland or Sweden for the submission of the singleapplication in accordance with the first subparagraph ofArticle 11(2), amendments made in accordance with paragraph 1of this Article shall be notified to the competent authority in writing by 31 May of the calendar year concerned at the latest, exceptin the case of Estonia, Latvia, Lithuania, Finland and Swedenwhere they shall be notified by 15 June of the calendar year concerned at the latest.

3. Where the competent authority has already informed thefarmer of irregularities in the single application or where it hasgiven notice to the farmer of its intention to carry out an on-the-spot check and where that on-the-spot check reveals irregularities, amendments in accordance with paragraph 1 shall not beauthorised in respect of the agricultural parcels affected by theirregularities.

CHAPTER II

Applications for payment entitlements

Article 15

Allocation or increase of payment entitlements

1. Applications for allocation or, where appropriate, increaseof payment entitlements under the single payment scheme shallbe submitted by a date to be fixed by the Member States but notlater than the 15 May in the first year of implementation of thesingle payment scheme, of integration of coupled support, ofapplication of Articles 46 to 48 of Regulation (EC) No 73/2009,or in the years of application of Articles 41, 57 or 68(1)(c) of thesame Regulation. However, Estonia, Latvia, Lithuania, Finland andSweden may fix a later date which shall not be later than 15 June.

2. Member States may decide that the application for allocation of payment entitlements shall be submitted at the same timeas the application for payment under the single payment scheme.

CHAPTER III

Livestock aid applications

Article 16

Requirements pertaining to livestock aid applications

1. A livestock aid application shall contain all information necessary to establish eligibility for the aid, and in particular:

(a) the identity of the farmer;

(b) a reference to the single application if it has already beensubmitted;

(c) the number of animals of each type in respect of which anyaid is applied for and, for bovines, the identification code ofthe animals;

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(d) where applicable, an undertaking by the farmer to keep theanimals referred to in point (c) on his holding during theretention period and information on the location or locationswhere the animals will be held including the period or periods concerned;

(e) where applicable, the individual limit or individual ceiling forthe animals concerned;

(f) where applicable, the individual milk reference quantity available to the farmer on 31 March or, if the Member State concerned decides to make use of the derogation provided for inArticle 85 of Regulation (EC) No 1121/2009, on 1 April ofthe calendar year concerned; where this quantity is unknownon the date on which the application is submitted, it shall benotified to the competent authority at the earliestopportunity;

(g) a statement by the farmer that he is aware of the conditionspertaining to the aid in question.

If the animal is moved to another location during the retentionperiod the farmer shall inform the competent authority in writing in advance, unless the Member State concerned decides not torequire this information, provided that the computerised databasefor bovine animals does offer the level of assurance and implementation necessary for the proper management of the aidschemes and the information therein is sufficient to identify thelocation of the animals;

2. Member States shall guarantee every animal keeper the rightto obtain from the competent authority without constraint, atreasonable intervals and without excessive delay, information onthe data relating to him and his animals kept in the computeriseddatabase for bovine animals. When submitting his aid application,the farmer shall declare that that data is correct and complete orhe shall rectify incorrect data or add missing data.

3. Member States may decide that some of the informationreferred to in paragraph 1 need not be included in the aid application, where it has already been communicated to the competent authority.

Member States may in particular introduce procedures by whichdata contained in the computerised database for bovine animalsmay be used for the purposes of the aid application, provided thatthe computerised database for bovine animals offers the level ofassurance and implementation necessary for the proper management of the aid schemes involved. Such procedures may consistof a system according to which a farmer may apply for aid inrespect of all animals which, at a date to be determined by theMember State, qualify for aid on the basis of the data containedin the computerised database for bovine animals. In that case,Member States shall take the necessary measures to guaranteethat:

(a) in accordance with the provisions applicable to the aidscheme in question, the starting and end dates of the relevantretention periods are clearly identified and known to thefarmer;

(b) the farmer is aware that any potentially eligible animals foundnot to be correctly identified or registered in the system forthe identification and registration for bovine animals shallcount as animals found with irregularities as referred to inArticle 65 of this Regulation.

4. Member States may provide that some of the informationreferred to in paragraph 1 can or shall be forwarded via a body orbodies approved by them. However, the farmer shall remainresponsible for the data transmitted.

CHAPTER IV

Aid for sugar beet and cane producers, separate sugarpayment and separate fruit and vegetables payment

Article 17

Requirements pertaining to applications for the aid forsugar beet and cane producers, the separate sugar payment

and the separate fruit and vegetables payment

1. Farmers applying for the aid for sugar beet and cane producers provided for in Section 7 of Chapter 1 of Title IV of Regulation (EC) No 73/2009, for the separate sugar payment providedfor in Article 126 of that Regulation or for the separate fruit andvegetables payment provided for in Article 127 of that Regulation shall submit an

2.12.2009 officialjourn ofthee un l316/65 commission ...extwprlegs1.fao.org/docs/pdf/eur91401.pdf2)...

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